Bullard v. Dalkon Shield Trust

Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge DONALD RUSSELL and Senior Judge CHAPMAN joined.

OPINION

WIDENER, Circuit Judge:

The plaintiff, Mrs. Bullard, appeals the order of the district court granting summary judgment for the defendant, the Daikon Shield Claimants Trust, on the finding that her personal injury claim is untimely under the North Carolina statute of repose, N.C. Gen.Stat. § 1-50(6). The question before this court is whether, under North Carolina law, the disease exception to the statute encompasses the plaintiffs claim of pelvic…